Tihar tells court gang rape accused will get tutor to prepare for IAF test
Tihar jail authorities on Thursday told a fast track court, trying the brutal gang rape and murder case of a paramedical student in a moving bus on 16 December, that it would ensure that one of the accused in the case – Vinay Sharma – gets requisite facilities in jail to prepare for his tests for recruitment of group 'C' civilian lower divisional clerks in Air Force. Sharma had sought that he be provided proper tuitions and books inside the jail for his interview.
Sharma's counsel had told the fast track court that his client had got a call letter to appear for an interview with the Indian Air Force and a tutor or guide be provided to him. On Sharma's application for tutor, the court had posted the matter for Thursday.
Meanwhile, a plea of two accused for trial on alternate days, instead of day-to-day trials, was rejected by the court. It also pulled up their lawyers saying such pleas are made to delay the proceedings. The order came after accused Mukesh and Akshay Singh withdrew another plea that they be provided with the Hindi translation of statements of witnesses recorded so far by Additional Sessions Judge Yogesh Khanna in the case.
'Even the prayer that the trial be conducted on alternate days or that the matter be adjourned every time for different dates to enable the counsel to seek instructions from his accused to cross-examine the witnesses, cannot be allowed, as per section 309 (power to postpone or adjourn proceedings) of the CrPC,' the court said.
It, however, made it clear that neither the police nor the court intends to come in between the counsel and his clients. 'The court does not intend to come in between the counsel and his client to enable him to seek instructions, hence it would be appropriate if the accused are brought to the lock up at Saket at 11 am everyday, so that the counsel, if they intend to have a legal meeting with them for seeking instructions, can do so....,' it said.
During the proceedings, the judge got annoyed over the absence of ML Sharma, the counsel for Mukesh and Akshay. 'From last one week, he is not cross-examining the prosecution witnesses. If he does not want to proceed on his part, we will have to move forward. This is delaying tactics.
'Should I refer the matter to (DLSA) Delhi Legal Services Authority to provide counsel to the accused in the case,' the judge said during the hearing. Special public prosecutor Dayan Krishnan also opposed Sharma's absence in the court and said a last opportunity be given to him.
'If he (Sharma) does not come on time from Monday then the court must proceed in the case without him,' he said. The judge, who has so far recorded statements of 65 witnesses, said that earlier the trial was going on smoothly.
'This is something, which is very wrong. You (defence lawyers) explain to your colleagues that stalling the proceedings without any reason is very, very wrong,' the judge said.
Referring to the CrPC provision, the court, in its order, said that if a witness is present, but 'a party or his pleader is not present or the party's pleader though present in court, is not ready to examine or cross-examine the witness, the court may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit’.
ON THE DOCK
TRIAL TO START ON ROBBERY CASE AGAINST GANG RAPE ACCUSED
A city court will pass the order on the start of the trial in a robbery case involving the Delhi gang rape accused on 10 April. Five accused in the Delhi gang rape and murder case are accused in this case.
The six persons, including Ram Singh who committed suicide in Tihar jail and the juvenile whose trial has been separated, had allegedly beaten and robbed a carpenter before raping and assaulting a girl in the moving bus on 16 December last year.
Metropolitan Magistrate Akash Jain on Thursday posted the matter for committing it to a sessions court as the offences under which the accused have been chargesheeted are exclusively triable by a sessions judge.
During closed-door proceedings, Jain asked police to provide the documents, filed along with the charge sheet, to the advocates appearing for all the accused, court sources said.
The trial against the four accused in the gang rape case is being conducted on a day-to-day basis by a special fast track court which has already examined more than 60 witnesses in the matter. The court had earlier taken cognisance of the charge sheet filed by the police on 15 March.
Sharma's counsel had told the fast track court that his client had got a call letter to appear for an interview with the Indian Air Force and a tutor or guide be provided to him. On Sharma's application for tutor, the court had posted the matter for Thursday.
Meanwhile, a plea of two accused for trial on alternate days, instead of day-to-day trials, was rejected by the court. It also pulled up their lawyers saying such pleas are made to delay the proceedings. The order came after accused Mukesh and Akshay Singh withdrew another plea that they be provided with the Hindi translation of statements of witnesses recorded so far by Additional Sessions Judge Yogesh Khanna in the case.
'Even the prayer that the trial be conducted on alternate days or that the matter be adjourned every time for different dates to enable the counsel to seek instructions from his accused to cross-examine the witnesses, cannot be allowed, as per section 309 (power to postpone or adjourn proceedings) of the CrPC,' the court said.
It, however, made it clear that neither the police nor the court intends to come in between the counsel and his clients. 'The court does not intend to come in between the counsel and his client to enable him to seek instructions, hence it would be appropriate if the accused are brought to the lock up at Saket at 11 am everyday, so that the counsel, if they intend to have a legal meeting with them for seeking instructions, can do so....,' it said.
During the proceedings, the judge got annoyed over the absence of ML Sharma, the counsel for Mukesh and Akshay. 'From last one week, he is not cross-examining the prosecution witnesses. If he does not want to proceed on his part, we will have to move forward. This is delaying tactics.
'Should I refer the matter to (DLSA) Delhi Legal Services Authority to provide counsel to the accused in the case,' the judge said during the hearing. Special public prosecutor Dayan Krishnan also opposed Sharma's absence in the court and said a last opportunity be given to him.
'If he (Sharma) does not come on time from Monday then the court must proceed in the case without him,' he said. The judge, who has so far recorded statements of 65 witnesses, said that earlier the trial was going on smoothly.
'This is something, which is very wrong. You (defence lawyers) explain to your colleagues that stalling the proceedings without any reason is very, very wrong,' the judge said.
Referring to the CrPC provision, the court, in its order, said that if a witness is present, but 'a party or his pleader is not present or the party's pleader though present in court, is not ready to examine or cross-examine the witness, the court may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit’.
ON THE DOCK
- Sharma’s counsel had told the fast track court that his client had got a call letter to appear for an interview with the Indian Air Force and a tutor or guide be provided to him
- Meanwhile, a plea of two accused for trial on alternate days, instead of day-to-day trials, was rejected by the court. It also pulled up their lawyers saying such pleas are made to delay the proceedings
- Referring to the CrPC provision, the court, in its order, said that if a witness is present, but ‘a party or his pleader is not present or the party’s pleader though present in court, the court may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit
TRIAL TO START ON ROBBERY CASE AGAINST GANG RAPE ACCUSED
A city court will pass the order on the start of the trial in a robbery case involving the Delhi gang rape accused on 10 April. Five accused in the Delhi gang rape and murder case are accused in this case.
The six persons, including Ram Singh who committed suicide in Tihar jail and the juvenile whose trial has been separated, had allegedly beaten and robbed a carpenter before raping and assaulting a girl in the moving bus on 16 December last year.
Metropolitan Magistrate Akash Jain on Thursday posted the matter for committing it to a sessions court as the offences under which the accused have been chargesheeted are exclusively triable by a sessions judge.
During closed-door proceedings, Jain asked police to provide the documents, filed along with the charge sheet, to the advocates appearing for all the accused, court sources said.
The trial against the four accused in the gang rape case is being conducted on a day-to-day basis by a special fast track court which has already examined more than 60 witnesses in the matter. The court had earlier taken cognisance of the charge sheet filed by the police on 15 March.